Jojo.K.J vs State Of Kerala
2021 Latest Caselaw 3087 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

     THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942

                       WP(C).No.2206 OF 2021(A)


PETITIONER:

               JOJO.K.J
               AGED 43 YEARS
               S/O.JOSE K.J., KUZHIKATTUMYALIL, PANNOOR P.O.,
               KARIMANNUR, THODUPUZHA, IDUKKI DISTRICT.

               BY ADVS.
               SHRI.T.J.MICHAEL
               SRI.R.KRISHNAKUMAR (CHERTHALA)
               SMT.TINY THOMAS

RESPONDENTS:

      1        STATE OF KERALA
               REP. BY ITS SECRETARY TO THE GOVERNMENT, LABOUR AND
               REHABILITATION DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR OF TRAINING,
               INDUSTRIAL TRAINING DEPARTMENT, GOVERNMENT OF KERALA,
               THIRUVANANTHAPURAM-695001.

      3        THE SECRETARY,
               STATE COUNCIL FOR VOCATIONAL TRAINING, GOVERNMENT OF
               KERALA, THIRUVANANTHAPURAM-695001.

      4        THE DIRECTOR GENERAL OF EMPLOYMENT AND TRAINING
               (DGET),
               MINISTRY OF LABOUR AND EMPLOYMENT, SHRAM SAKTHI
               BHAVAN, RAFI MARG, NEW DELHI-110001.

      5        THE SECRETARY,
               NATIONAL COUNCIL FOR VOCATIONAL TRAINING, SHRAM
               SAKTHI BHAVAN, RAFI MARG, NEW DELHI-110001.



               ASGI.SRI.P.VIJAYAKUMAR,SMT.VINITHA.B,GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2206 OF 2021(A)

                                    2




                             JUDGMENT

Dated this the 28th day of January 2021

The petitioner passed ITC examination in

the trade of Mechanic (Motor Vehicle)

undergoing the course from St. George Private

Industrial Training Institute, Njarakutty,

Thodupuzha as evident from Ext.P1 Course

Certificate. It is stated that he passed the

trade test in the trade of Mechanic (Motor

Vehicle) during February/March, 2003 and

Ext.P5, Provisional National Trade Certificate

was issued by the SCVT (State Council for

Vocational Training) on 09.06.2005. The writ

petition is filed aggrieved by the denial of

National Trade Certificate, despite repeated

representations like Ext.P6 and P7 etc. The

petitioner points out that the cases of WP(C).No.2206 OF 2021(A)

similarly situated persons were considered by

this Court in Ext.P8 and P9 judgments in

W.P(C)No.26727 of 2012 dated 23.10.2013, W.P.

(C)No.7455 of 2019 dated 12.04.2019 etc., and

taking note of the judgment of the apex court

in Civil Appeal Nos.1541-1544 of 2008,

directions were issued to grant National Trade

Certificate to the petitioners in those writ

petitions. It is pointed out that the

petitioner herein is also similarly situated

like petitioners before the apex court as well

as this Court in Ext.P8 and P9 judgments.

Heard the learned Counsel for the

petitioner, learned Government Pleader as well

as learned ASGI appearing for respondent Nos. 4

and 5.

In view of the judgment of the apex court,

in the Civil Appeal Nos.1541-1544 of 2008 as

well as Ext.P8 and P9 judgments of this Court, WP(C).No.2206 OF 2021(A)

this writ petition is also allowed directing

the second respondent to recommend the

Secretary, NCVT (National Council for

Vocational Training), New Delhi (fifth

respondent) to issue National Trade Certificate

to the petitioner at the earliest and there

shall be a further direction to the third

respondent to issue such certificate based on

the said recommendation within a period of

three months from the date of receipt of a copy

of this judgment.

Sd/-

P.V.ASHA JUDGE AJ/28.01.2021 WP(C).No.2206 OF 2021(A)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE COURSE CERTIFICATE ISSUED BY THE ST.GEORGE PRIVATE INDUSTRIAL TRAINING INSTITUTE, NJARUKUTTY, MUTHALAKODAM, THODUPUZHA BEING SL.NO.406 DATED 15.01.2021.

EXHIBIT P2 A TRUE COPY OF THE COMMUNICATIONS, LETTER NO.DGET-18012/3/2001-TTC PT DATED 19.12.2001 ISSUED BY THE JOINT DIRECTOR OF TRAINING, NEW DELHI.

EXHIBIT P3 A TRUE COPY OF DO NO.DGET-18012/3/2001-

TTC(PT) DATED 19.12.2001 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE ADMISSION TICKET ISSUED BY THE PRINCIPAL, ST.GEORGE PRIVATE INDUSTRIAL TRAINING INSTITUTE, NJARUKUTTY, MUTHALAKODAM, THODUPUZHA DATED 11.02.2003.

EXHIBIT P5 A TRUE COPY OF THE PROVISIONAL NATIONAL TRADE CERTIFICATE ISSUED BY THE 3RD RESPONDENT BEARING NO.098161 DATED 09.06.2005.

EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 21.03.2007.

EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 25.08.2020.

EXHIBIT P8 A TRUE COPY OF THE JUDGMENTS DATED 23.10.2013 IN WP(C)NO.26727/2012 OF THIS HON'BLE COURT.

EXHIBIT P9 A TRUE COPY OF THE JUDGMENT DATED 12.04.2019 IN WP(C)NO.7455/2019 OF THIS HON'BLE COURT.